Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3, 5, 9-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a guide having a plane guiding movement”, however it is unclear if this is a physical limitation modifying the structure of the device, or if this is a process limitation regarding how the chain boss is moving into the chain pocket. In light of the specification, the examiner will interpret this as part of the structure of the invention, but asks the applicant to amend for clarity on the scope of this feature.
Claim 1 recites inconsistent claim terminology regarding the plurality, or lack thereof unit chains. Claim 1 provides basis for “a plurality of unit chains”, then further into the body of the claim, recites, “the unit chain” (lines 7, 9, 20, and 21). To avoid confusion for the recitations in lines 7, 9, and 20, the examiner suggests an amendment of “each of the unit chains”, and for the recitation in line 20 and amendment of “chain pocket
Claim 6 recites inconsistent claim terminology regarding the plurality, or lack thereof unit chains. Claim 6 provides basis for “a plurality of unit chains”, then further into the body of the claim, recites, “the unit chain” (line 9). To avoid confusion for the recitation in line 9, the examiner suggests an amendment of, “each of the unit chains”.
Claim 10 recites inconsistent claim terminology regarding the plurality, or lack thereof chain pins. Claim 1 provides basis for “chain pins”, then in claim 10, “the chain pin” is recited, making it unclear if this is a separate chain pin, or one of the plurality of chain pins, claimed in claim 1. For clarity, the examiner suggests an amendment of, “wherein each of the chain pins”.
Claim 13 recites inconsistent claim terminology regarding the plurality, or lack thereof chain pins. Claim 6 provides basis for “chain pins”, then in claim 13, “the chain pin” is recited, making it unclear if this is a separate chain pin, or one of the plurality of chain pins, claimed in claim 1. For clarity, the examiner suggests an amendment of, “wherein each of the chain pins”.
Claims 3, 5, 9, 11-12, and 14 are rejected due to their dependency of claims 1 or 6.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 5-6, 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Oh (KR20190005090A) in view of Saeki (JPH10213187A) and I’Anson (US4050323A). Oh and Saeki are directed to the attached, machine-translated, English versions.
Regarding claim 1, Oh teaches a non-metallic conveyor chain for a sludge collector, the non-metallic conveyor chain comprising: {[0001] re. non-metallic conveyor chain for sludge collection}
a plurality of unit chains; {[0015] re. plurality of unit chains}
and chain pins {[0015] re. chain pin for each unit chain} by which the unit chains are linked to each other, {[0015] re. unit chains connected to unit chains} wherein each of the unit chains is provided at one side thereof with a barrel and at the other side thereof with a yoke, {Figure 2 annotations below}
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and wherein in a state where the chain boss of the unit chain to be linked is coupled to the chain pocket of the unit chain, the chain pin is inserted so as to penetrate the yoke and the corresponding barrel of the two unit chains connected to each other, thereby connecting the two unit chains. {[0046] re. the chain pin connecting unit chains & Figure 2 chain pin 160}
Oh fails to teach the barrel of the unit chain is formed on an outer surface thereof with a chain pocket having a groove structure, and the yoke of the unit chain is formed on an inner surface thereof with a chain boss protruding so as to correspond to the chain pocket of the unit chain to which the chain boss is to be linked, and a guide having a plane guiding movement of the chain boss inserted into the chain pocket through the opening from one side of an inlet of the opening to an inner surface of one side of the save rim.
Saeki, drawn to a nonmetallic conveyor chain, teaches the barrel of the unit chain is formed on an outer surface thereof with a chain pocket having a groove structure, {[0019] re. groove 23 (chain pocket)} and the yoke of the unit chain is formed on an inner surface thereof with a chain boss protruding so as to correspond to the chain pocket of the unit chain to which the chain boss is to be linked, {[0019] re. projection 15 (chain boss) & {0001] re. the grooves engaging with the projections} and a guide having a plane guiding movement of the chain boss inserted into the chain pocket through the opening from one side of an inlet of the opening to an inner surface of one side of the save rim. {[0019] re. first and second grooves 21 and 22 (guide portion) respectively guiding in the x and y planes}
MPEP § 2141.01(a) “Analogous and Non-analogous Art” recites what constitutes analogous art. Generally, art has to fulfill one of these two requirements “(1) the reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or (2) the reference is reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention).” Further, MPEP § 2141.01(a)(III) recites "In a simple mechanical invention (Conveyor Chain) a broad spectrum of prior art must be explored and it is reasonable to permit inquiry into other areas where one of ordinary skill in the art would be aware that similar problems exist." Given Saeki teaches a non-metal conveyor chain, which is utilized to convey a solid item from one location to another, {Saeki, [0002]} although in a vending machine; a person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to substitute the design of the conveyor chain of Saeki, and use it in a sludge conveying chain of Oh due to its mechanical, taught advantages.
It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify Oh with Saeki’s teachings of the barrel of the unit chain is formed on an outer surface thereof with a chain pocket having a groove structure, and the yoke of the unit chain is formed on an inner surface thereof with a chain boss protruding so as to correspond to the chain pocket of the unit chain to which the chain boss is to be linked, and a guide having a plane guiding movement of the chain boss inserted into the chain pocket through the opening from one side of an inlet of the opening to an inner surface of one side of the save rim as Saeki, similar to Oh, teaches nonmetallic conveyor chain. {Saeki, [0001-0002]} Doing so creates a guide system that allows the chain to be interconnecting with the other chain from multiple different axis, as projection 15 can be moved from the x and y directions, and still be inserted into the proper location.{Saeki, [0019]}
Modified Oh fails to teach wherein the chain pocket comprises: a save rim spaced apart from a pinhole of the barrel and formed in a predetermined region along a circumference of the pinhole; an opening acting as a passage through which the chain boss is inserted into the chain pocket to be placed therein.
I’Anson, drawn to an industrial chain conveyor, {Column 1 lines 7-10} teaches wherein the chain pocket comprises: a save rim spaced apart from a pinhole of the barrel and formed in a predetermined region along a circumference of the pinhole; {Figure 4 annotations below}
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an opening acting as a passage through which the chain boss is inserted into the chain pocket to be placed therein. {Column 3 line 42 re. entrance leads & Figure 4 annotations below}
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It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify modified Oh with I’Anson’s teachings wherein the chain pocket comprises: a save rim spaced apart from a pinhole of the barrel and formed in a predetermined region along a circumference of the pinhole; an opening acting as a passage through which the chain boss is inserted into the chain pocket to be placed therein as I'Anson, similar to Oh, teaches a chain conveyor with a wide range of industrial capabilities, and the stated goal of not limiting the chains adaptability or versatility within industrial uses {I'Anson, Column 1 lines 7-10}. Doing so reduces the new working cross section of the link bars, while still providing adequate tensional load strength in every transverse plane, allowing for the same strength chain, with less material used. {I'Anson, Column 3 lines 44-48}
Modified Oh is silent to the guide constituting the chain pocket together with the save rim, as the save rim in taught in a separate reference (I'Anson) from the guide and chain pocket (Saeki). However, as the guide from Saeki teaches the insertion of the chain boss into the chain pocket (as shown above), and I'Anson is simply adding a feature of the chain pocket, it would be clear this addition feature (save rim) would be compatible with the guide and chain pocket of Saeki.
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine these features, as the save rim, in addition with the guide portion, would create two independent features for the proper interlocking between chain units, thus providing a stable and secure connection, compared to just one feature for the proper alignment and interlocking.
Regarding claim 3, Oh fails to teach wherein an inlet width of the opening is greater than or equal to an outer diameter of the chain boss.
I’Anson teaches wherein an inlet width of the opening is greater than or equal to an outer diameter of the chain boss. {Column 3 lines 39-45 re. journals (chain boss) fitting into opening (24). This requires the width of the opening to be greater than the chain boss}
It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify modified Oh with I’Anson’s teachings wherein an inlet width of the opening is greater than or equal to an outer diameter of the chain boss as doing so allows for the two separate pieces to be connectable without modification to the taught chain boss or opening.
Regarding claim 5, Oh fails to teach wherein an inner surface of the chain pocket has a gradient in a depth direction of the chain pocket such that the chain pocket has a diameter increasing with depth into the chain pocket.
I’Anson teaches wherein an inner surface of the chain pocket has a gradient in a depth direction of the chain pocket such that the chain pocket has a diameter increasing with depth into the chain pocket. {Column 3 lines 49-61 re. how the journals (bosses) and bearings (pockets) can be of different sizes, and in a conical shape, thus showing that the depth increases the further into the bearing (pocket) the journal (boss) goes.}
It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify modified Oh with I’Anson’s teachings wherein an inner surface of the chain pocket has a gradient in a depth direction of the chain pocket such that the chain pocket has a diameter increasing with depth into the chain pocket as doing so would create a wedging effect to draw together the link bars with a force proportional to chain loading, which helps maintain even distribution of bearing and journal wear. {I'Anson, Column 3 lines 52-55}
Regarding claim 6, Oh teaches a non-metallic conveyor chain for a sludge collector, the non-metallic conveyor chain comprising: {[0001] re. non-metallic conveyor chain for sludge collection}
a plurality of unit chains; {[0015] re. plurality of unit chains}
and chain pins {[0015] re. chain pin for each unit chain} by which the unit chains are linked to each other, {[0015] re. unit chains connected to unit chains} wherein each of the unit chains is provided at one side thereof with a barrel and at the other side thereof with a yoke. {Figure 2 annotations below}
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Oh fails to teach the barrel of the unit chain is formed on an outer surface thereof with a chain boss, the yoke of the unit chain is formed on an inner surface thereof with a chain pocket recessed so as to correspond to the chain boss of the unit chain to which the chain pocket is to be linked, wherein a maximum width between chain bosses formed at opposite sides on the outer surface of the barrel is greater than an inner width of the yoke into which the barrel is inserted.
I’Anson teaches the barrel of the unit chain is formed on an outer surface thereof with a chain boss, {Column 3 lines 35-45 re. journal 20 & Figure 1} the yoke of the unit chain is formed on an inner surface thereof with a chain pocket recessed so as to correspond to the chain boss of the unit chain to which the chain pocket is to be linked, {Column 3 lines 35-45 re. socket bearing 22 & Figure 1}
It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify Oh with I’Anson’s teachings teach the barrel of the unit chain is formed on an outer surface thereof with a chain boss, the yoke of the unit chain is formed on an inner surface thereof with a chain pocket recessed so as to correspond to the chain boss of the unit chain to which the chain pocket is to be linked as I'Anson, similar to Oh, teaches a chain conveyor with a wide range of industrial capabilities, and the stated goal of not limiting the chains adaptability or versatility within industrial uses {I'Anson, Column 1 lines 7-10}. Doing so reduces the new working cross section of the link bars, while still providing adequate tensional load strength in every transverse plane, allowing for the same strength chain, with less material used. {I'Anson, Column 3 lines 44-48}
I’Anson further teaches wherein a maximum width between chain bosses formed at opposite sides on the outer surface of the barrel is greater than an inner width of the yoke into which the barrel is inserted. {Column 2 lines 65-Column 3 lines 2 re. the outside width accommodated with the inside width of the adjoining link overlap, but created with a small enough clearance to operate}
It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify Oh with I’Anson’s teachings wherein a maximum width between chain bosses formed at opposite sides on the outer surface of the barrel is greater than an inner width of the yoke into which the barrel is inserted as doing so creates a chain with an ideal width overlap tolerance between links wherein the links stay attached, but not too little tolerance wherein the manufacturing is no longer practical. {I'Anson, Column 3 lines 1-2}
Modified Oh is silent to a front region of the chain boss in an insertion direction of the barrel is gradually lowered in a forward direction so as to facilitate insertion of the barrel into the yoke upon assembly of the barrel and the yoke. However, this limitation is a process of attaching the chain barrel and yoke together, and does not hold patentable weight in a system claim. MPEP § 2113 (I) recites, “Even though product-by-process claims are limited and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable.” One of ordinary skill in the art prior to the effective filing date of the claimed invention would find the method of attachment for each piece of the chain (barrel and yoke) obvious over the taught structure from the prior art.
Regarding claims 10 and 13, Oh teaches wherein the chain pin comprises an SRP chain pin made of steel reinforced plastic (SRP). (Claims 10 and 13) {[0016] re. a plastic pin with steel tube integration}
Claims 9, 11-12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Oh (KR20190005090A) modified by Saeki (JPH10213187A) and I’Anson (US4050323A), as applied to the claims above, in further view of Sim (KR101966165B1). Oh, Saeki, and Sim are directed to the attached, machine-translated, English versions.
Regarding claims 9 and 12, modified Oh fails to teach wherein a connecting portion connecting right and left sides of the barrel has a separable roller structure. (Claims 9 and 12)
Sim, drawn to a conveyor chain for sludge, {Sim, [0001]} teaches wherein a connecting portion connecting right and left sides of the barrel has a separable roller structure. (Claims 9 and 12) {[0032] re. barrel 15 as an independent member that is freely rotatable}
It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify modified Oh with Sim’s teachings wherein a connecting portion connecting right and left sides of the barrel has a separable roller structure (Claims 9 and 12) as Sim, similar to modified Oh, teaches a chain for wastewater sludge conveyance. {Sim, [0001]} Doing so reduces friction with the sprocket wheel, thereby extending its life. {Sim, [0034]}
Regarding claims 11 and 14, Oh teaches a sludge removal facility, comprising: a sedimentation basin into which raw water is introduced. (Claims 11 and 14) {[0005] re. water treatment facilities (sludge removal facility) [0032] re. sedimentation tank C (basin)}
Oh fails to teach a sludge collector configured to scrape sludge from a bottom of the sedimentation basin and discharge the sludge from the sedimentation basin, wherein the sludge collector is provided with the non-metallic conveyor chain according to claim 1 (Claim 11) or claim 6 (Claim 14) to send scum pushed through operation of flights constituting the sludge collector from a water surface of the sedimentation basin to a trough for discharge.
Sim teaches a sludge collector configured to scrape sludge from a bottom of the sedimentation basin and discharge the sludge from the sedimentation basin, {[0001] re. chain flight type (scraping) sludge collector at the bottom of a treatment tank} wherein the sludge collector is provided with the non-metallic conveyor chain according to claim 1 (Claim 11) or claim 6 (Claim 14) to send scum pushed through operation of flights constituting the sludge collector from a water surface of the sedimentation basin to a trough for discharge. {[0004] re. collected the sludge in a hooper (trough) for further processing}
It would be obvious to one of ordinary skill prior to the effective filing date of the claimed invention to modify modified Oh with Sim’s teachings of a sludge collector configured to scrape sludge from a bottom of the sedimentation basin and discharge the sludge from the sedimentation basin, wherein the sludge collector is provided with the non-metallic conveyor chain according to claim 1 (Claim 11) or claim 6 (Claim 14) to send scum pushed through operation of flights constituting the sludge collector from a water surface of the sedimentation basin to a trough for discharge as doing so creates a sludge collector with excellent sludge collection and removal efficiency, with a long mechanical life, thus increasing the efficiency for the entire plant, while reducing costs to due to the lack of replacement required. {Sim, [0003]}.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oh (US20200215461A1), drawn to a sludge collecting conveyor chain like device, equipped with scrapers, and many of the intended use limitations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR J ROTONDI whose telephone number is (571)272-2058. The examiner can normally be reached M-F 8:00am-4:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached at (571)272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CONNOR J ROTONDI/ Examiner, Art Unit 1773 /JOSEPH W DRODGE/Primary Examiner, Art Unit 1773
